C R I M I N A L LAW 2 R E V I E W E R

PART 3
By: Atty. Faizal M. Hussin Jr.

Title VI: Crimes against Public Morals

1. Gambling
2. Importation, sale and possession of lottery tickets or advertisements
3. Betting in sports contests
4. Illegal betting on horse races
5. Illegal cockfighting
6. Grave scandal
7. Immoral doctrines, obscene publications and exhibitions
8. Vagrancy and prositution

Gambling – any game of chance or scheme, whether upon chance or skill,

wherein wagers consisting of money, articles or value or representative or
value are at stake or made

– The penalties prescribed in Arts. 195 to 199 are already repealed by PD

1602, which provides stiffer penalties for violation of Gambling Laws.
– Art. 197 has already been repealed by PD 483.
– Art. 199 has been modified/repealed by PD 449. Also, spectators of
cockfighting are not liable under the same Article.
– Spectators are not liable in gambling, because they do not take part
directly or indirectly.

Art. 198. Illegal Betting on Horse Race

Acts punished:
1. Betting on horse races during periods not allowed by Law.
2. Maintaining or employing a totalizer or other device or scheme for
betting on races or realizing profit therefrom during the periods not allowed
by law.

– When horse races are not allowed:

– July 4
– December 30
– Any registration or voting days
– Holy Thursday and Good Friday

Art. 200. Grave Scandal

Elements:
1. The offender performs an act/acts that are highly scandalous that
offends decency or good customs
2. The said acts do not fall under the other articles of the RPC
3. The act/s complained are committed in a public place or within public
view

Art. 201. Immoral Doctrines, Obscene Publications and Exhibitions and

Indecent Shows
Test of Obscenity
If the tendency of a publication or exhibition is to deprave and corrupt
the mind of the viewer then the same is obscene and when it is made publicly,
there is criminal liability under Art. 201.

– If the pornographic matter or exhibition is made privately, then there is

no crime committed under the RPC because what is protected is the morality
of the public in General.
– Performance Art can be used as a defense, but an actual exhibition of
sexual act is always considered a clear obscenity.

Art. 202. Vagrancy and Prostitution

Persons Liable:
1. Any person having no apparent means of subsistence, who has the
physical ability to work and who neglects to apply himself to some lawful
calling
2. Any person found loitering about public or semi-public buidlings or
places or trampling or wandering about the country or the streets without
visible means of support
3. Any idle or dissolute person who ledges in houses of ill fame
4. Ruffians or pimps and those who habitually associate with prostitutes
5. Any person who, not being included in the provisions of the other
articles of the RPC, is found loitering in any inhabited or uninhabited place
belonging to another without any lawful or justifiable purpose.

Prostitutes
Women and men who, for money or profit, habitually indulge in sexual
intercourse or lascivious conduct.

Vagrants
– An idle or dissolute person who lodges in houses of ill-fame
– A pimp
– One who habitually associates with prostitutes

– The common concept of a vagrant is someone who wanders or loiters in

public places without any visible means of livelihood and without any lawful
purpose.
– Everyone can be considered a vagrant, poor or rich.

Title VII: Crimes Committed by Public Officers

1. Who are public officers
2. Knowingly rendering unjust judgment
3. Judgment rendered through negligence
4. Unjust interlocutory order
5. Malicious Delay in the Administration of Justice
6. Prosecution of offenses; negligence and tolerance
7. Betrayal of trust by an attorney or solicitor – Revelation of Secrets
8. Direct Bribery
9. Indirect Bribery
10. Qualified Bribery
11. Corruption of Public Officials
12. Frauds against the Public Treasury and similar offenses
13. Other frauds
14. Prohibited Transactions
15. Possession of prohibited interest by a public officer
16. Malversation of public funds or property; Presumption of Malversation
17. Failure of Accountable Officer to Render Accounts
18. Failure of a responsible Public Officer to render accounts before leaving
the country
19. Illegal use of public funds or property
20. Failure to make delivery of public funds or property
21. Officers included in the preceding provisions
22. Conniving with or consenting to evasion
23. Evasion through negligence
24. Escape of prisoner under the custody of a person not a public officer
25. Removal, concealment or destruction of documents
26. Officer breaking seal
27. Opening of closed documents
28. Revelation of secrets by an officer
29. Public officer revealing secrets of private individuals
30. Open Disobedience
31. Disobedience to order of superior officers, when said order was
suspended by inferior officer
32. Refusal of Assistance
33. Refusal to Discharge elective office
34. Maltreatment of prisoners
35. Anticipation of duties of a public office
36. Prolongning performance of duties and powers
37. Abandonment of office or position
38. Usurpation of legislative powers
39. Usurpation of executive functions
40. Usurpation of judicial functions
41. Disobeying request for disqualification
42. Orders or requests by executive officers to any judicial authority
43. Unlawful appointments
44. Abuses against chastity

– Crimes under this Title may be given extra-territorial application under

Article 2(5)

Art. 203. Who are Public Officers

Requisites:
1. Takes part in the performance of public functions in the government
2. Performs, in said government or in any of its branches, public duties as
an employee, agent, or subordinate official, or any rank or class.
3. His authority to take part in the performance of public functions or
public duties must be:
• By direct provision of the law
• By popular election, or
• Thru appointment by competent authority

Difference Between Malfeasance, Misfeasance, and Nonfeasance in public

office:
Malfeasance – Doing of an act which a public officer should not do
Misfeance – Improper performance of an act which a public officer
might do
Nonfeasance – Failure of an officer to perform his duties

Art. 204. Knowingly Rendering Unjust Judgment

Elements:
1. The offender is a Judge
2. He renders an unjust judgment in a case under his jurisdiction
3. The Judge knows that his judgment is unjust

– Good faith is a defense in this Article

Art. 205. Judgment Rendered through negligence

Elements:
1. The offender is a Judge
2. He renders a manifestly unjust judgment in a case under his jurisdiction
3. The judgment was made due to his inexcusable negligence or ignorance

– A manifestly unjust judgment is one which is so manifestly contrary

to law that even a person having a few knowledge of the law cannot doubt
the injustice

Art. 206. Unjust Interlocutory Order

Elements:
1. The offender is a Judge
2. He renders an unjust interlocutory order or renders a manifestly unjust
interlocutory order through inexcusable negligence or ignorance

Interlocutory Order – An order which leaves something to be done in a case.

If an Order is not final, it is interlocutory

Art. 207. Malicious Delay in the Administration of Justice

Elements:
1. The offender is a Judge
2. There is a proceeding in his court
3. He delays the administration of justice
4. The delay is malicious, meaning, with deliberate intent to inflict
damage to a party in the case

Art. 208. Prosecution of Offenses; Negligence and Tolerance (Dereliction of

Duty)
Acts punished:
1. Maliciously refraining from instituting prosecution against violators of
the law
2. Maliciously tolerating the commission of offenses

Elements:
1. The offender is a public officer or officer of the law who has a duty to
prosecute offenses
2. There is a dereliction of duties of his office, meaning, he did not
prosecute a crime or, knowing that a crime is about to be committed, he
tolerates its commission
3. The offender acts with malice and deliberate intent to favor the violator
of the law

Art. 209. Betrayal of Public Trust by an Attorney or a Solicitor – Revelation

of Secrets
Acts punished:
1. Causing damage to his client:
◦ By any malicious breach of professional duty
◦ By inexcusable negligence or ignorance (damage is necessary)
2. Revealing any of the secrets of his client learned by him in his
professional capacity (damage is not necessary)
3. Undertaking the defense of the opposing party in the same case, without
the consent of his first client, after having undertaken the defense of said first
client and receiving confidential information from him.

Art. 210. Direct Bribery

Acts punished:
1. Agreeing to perform, in consideration of any offer, promise, gift or
present, an act which constitutes a crime, in connection with his official
duties
2. Accepting a gift in consideration of the execution of an act which does
not constitute a crime, in connection with his official duties
3. Agreeing to refrain from performing his official duties in consideration
of a gift or promise.

Elements:
1. The offender is a public officer within the scope of Art. 203
2. He accepts an offer or promise or receives a gift or present from another
person.
3. Such offer, promise, or gift is accepted by the public officer:
◦ To commit a crime
◦ To commit an act which does not constitute a crime but is unjust
◦ To refrain from performing his official duties

– Direct Bribery has no frustrated stage

– In the 1st act, actual receipt of a gift is not necessary, mere acceptance is
enough
– In the 2nd act, the gift must be accepted by the public officer
– The gift must have a value or capable of pecuniary estimation

Art. 211. Indirect Bribery

Elements:
1. The offender is a public officer
2. He accepts gifts by reason of his office
– The main difference between Direct and Indirect Bribery is that in
Direct Bribery, the gift or promise is made in consideration of an act or
omission in connection to a public officer's official duties. In indirect bribery,
there is no act or omission needed, it is sufficient that the public officer
accepts gifts by reason of his office.
– Mere physical receipt of a gift without any other sign, circumstance, or
act showing acceptance is not sufficient to convict the officer

Art. 211-A. Qualified Bribery

Elements:
1. The offender is a public officer entrusted with law enforcement
2. He refrains from arresting or prosecuting an offender who has
committed a crime punishable by reclusion perpetua and/or death
3. The offender refrains from arresting or prosecuting in consideration of
any offer, promise, gift, or present

– As stated in the elements, Qualified Bribery can only be committed by

public officers entrusted with law enforcement (police, prosecutors, etc)
– If the penalty for the crime is lesser than reclusion perpetua and/or
death, the crime is Direct Bribery
– Absorbs Dereliction of Duty (Art. 208)

Art. 212. Corruption of Public Officials

Elements:
1. The offender makes offers, promises, or gives gifts to a public officer
2. The offers, promises, and/or gifts are made in order for the public
officer to commit acts that would constitute Direct/Indirect Bribery.

Art. 214. Other Frauds

Elements:
1. The offender is a public officer
2. He takes advantage of his official position
3. He commits any of the frauds or deceits enumerated in Article 315 to
318 (Estafa, Other forms of Swindling, Swindling a Minor, Other Deceits)

Art. 215. Prohibited Transactions

Elements:
1. The offender is an appointive public officer
2. He becomes interested, directly or indirectly, in any transaction of
exchange or speculation
3. The transaction takes place within the territory subject to his
jurisdiction
4. He becomes interested in the transaction during his incumbency

Art. 217. Malversation of Public Funds or Property; Presumption of

Malversation
Acts punished:
1. Apporpriating public funds or property
2. Taking or misappopriating the same
3. Consenting, or through abandonment or negligence, permitting any
other person to take such public funds or property
4. Being otherwise guilty of the misappropriation of malversation of such
funds or property.

Elements Common to all Acts:

1. The offender is a public ofrficer
2. He had the custody or control of funds or property by reason of his
office
3. Those funds or property were public funds or property for which he was
accountable
4. He appropriated, took, misappropriated or consented or, through
abandonment or negligence, permitted another person to take them.

– It is not necessary that the offender profited from the malversation

– Funds must be received in an official capacity, if not, the crime is estafa
– If the public officer is not the offficial custodian of the funds, the crime
is either theft or qualified theft
– Returning the funds embezzled is not an exempting circumstance, only
mitigating

Art. 219. Failure of a Responsible Public Officer to Render Accounts before

leaving the Country
Elements:
1. The offender is a public officer
2. He is an accountable officer for public funds or property
3. He unlawfully leaves or attempts to leave the country without securing
a certificate from the Commission on Audit showing that his accounts have
been finally settled.

Art. 220. Illegal use of Public Funds or Property

Elements:
1. The offender is a public officer
2. There are public funds or property under his administration
3. Such fund or property were appropriated by law or ordinance
4. He applies such public fund or property to any public use other than for
which it was appropriated for

– Also known as technical malversation

– Simply put, there is technical malversation if a public officer uses
public funds for something other than its original purpose.

Art. 221. Failure to make Delivery of Public Funds or Property

Acts punished:
1. Failing to make payment by a public officer who is under obligation to
make such payment from government funds in his possession
2. Refusing to make delivery by a public officer who has been ordered by
competent authority to deliver any property in his custody or under his
administration

Elements:
1. The public officer has government funds in his possession
2. He is under obligation to pay using such funds or deliver any property
in his custody or under his administration
3. He fails to make the payment maliciously

Art. 222. Officers included in the Preceding Provisions

Persons who may be held liable under Arts. 217 to 221:
1. Private individual who, in any capacity, have charge of any national,
provincial, or municipal funds, revenue, or property
2. Administrator or depositary of funds or property that has been attached,
seized or deposited by public authority, even if owned by private individuals

– Sheriffs, receivers, and judicial administrators fall under the term

“Administrator”

Art. 223. Conniving with or Consenting to Evasion

Elements:
1. The offender is a public officer
2. He had in his custody or charge a prisoner, either detention prisoner or
prisoner by final judgment
3. Such prisoner esacaped from his custody
4. He was in connivance with the prisoner in his escape

– This includes allowing a prisoner to leave the prisoner to clean the

warden or custodian's office or house and similar acts.

Art. 224. Evasion through Negligence

Elements:
1. The offender is a public officer
2. He is charged with conveyance or custody of prisoner or prisoner by
final judgment
3. Such prisoner escapes through negligence

– The offender is not completely absolved from criminal liability even if

he recaptured the prisoner

Art. 225. Escape of Prisoner Under the Custody of a Person not a Public
Officer
Elements:
1. The offender is a private person
2. The conveyance or custody of a prisoner under arrest is confided to him
3. The prisoner or person under arrest escapes
4. The offender consents to the escape, or that the escape took place
through his negligence
– This covers people who come to the aid of arresting officers
– Art. 225 is not applicable if a private person was the one who made the
arrest and he consented to the escape of the person he arrested

Art. 226. Removal, Concealment, or Destruction of Documents

Elements:
1. The offender is a public officer
2. He removes, destroys, or conceals documents or papers
3. The documents or papers should have been entrusted to the public
officer by reason of his office
4. Damage, whether serious or not, to a third party or to the public interest
has been caused

– The document must be complete. For example, if an unsigned judicial

order has been concealed or destroyed, Art. 226 does not apply since the
document is incomplete.
– Damage to public interest is necessary. However, material damage is
not.
– There is removal if the document is taken from its usual place and it is
immaterial whether the purpose for doing so is accomplished or not. Mere
removal is enough.

Art. 228. Opening of Closed Documents

Elements:
1. The offender is a public officer
2. Any closed papers, documents, or objects are entrusted to his custody
3. He opens or permits to be opened said closed papers, documents or
objects
4. He does not have proper authority

– Damage is not necessary and it should not fall under Art. 227.

Art. 229. Revelation of Secrets by an Officer

Acts punished:
1. Revealing any secrets known to the offending public officer by reason
of his official capacity
Elements of the 1st Acts:
1. The offender is a public officer
2. He knows secrets by reason of his office
3. He reveals such secrets without authority or justifiable reason/s
4. Damage is caused to the public interest

2. Delivering wrongfully papers or copies of papers of which he may have

charge and which should not be punished
Elements of the 2nd Act:
1. The offender is a public officer
2. He has charge of papers
3. Those papers should not be published
4. He delivers those papers or its copies to a third person

– Does not cover espionage since the revelation in that crime should be
made to a belligerent nation
– Charge means custody or control. If he is merely entrusted with the
papers and not its custody, he is not liable under this Article.
– If the papers contain secrets that should not be published, the crime is
Revelation of Secrets. If it does not contain so, the crime is infidelity in the
custody of documents.
– Unlike the other Articles, damage is essential in Revelation of Secrets

Art. 230. Public Officer Revealing Secrets of Private Individuals

Elements:
1. The offender is a public officer
2. He knows of secrets of a private individual by reason of his office
3. He reveals such secrets without authority or justifiable reason

– Revelation to even a single person is sufficient enough. Damage is not

necessary since what is punished is the betrayal of faith and trust in public
service.

Art. 230. Open Disobedience

Elements:
1. The offender is a judicial or executive officer
2. There is a judgment, decision or order of a superior authority
3. Such judgment, decision, or order was made within the scope of the
jurisdiction of the superior authority and made with all the legal formalities
4. He, without any legal justification, openly refuses to execute the said
judgment, decision or order which he is bound to obey

Art. 232. Disobedience to Order of Superior Officers when said Order was
Suspended by Inferior Officer
Elements:
1. The offender is a public officer
2. An order is issued by his superior for execution
3. He has for any reason suspended the execution of such order
4. His superior disapproves the suspension of the execution of the order
5. The offender disobeys his superior despite the disapproval of the
suspension

– This Article does not apply if the order of the superior is illegal

Art. 233. Refusal of Assistance

Elements:
1. The offender is a public officer
2. A competent authority demands from the offende rthat he lend his
cooperation towards the administration of justice or other public service
3. The offender maliciously fails to do so

– The request must come from one public officer to another

Art. 234. Refusal to Discharge Elective Office

Elements:
1. The offender is elected by popular election to public office
2. He refuses to be sworn in to discharge the duties of said office
3. There is no legal motive for such refusal to be sworn in or to discharge
the duties of said office

– Remember, once a person is elected into office by will of the people,

the discharge of his duties becomes a matter of mandatory duty and not
merely a right.
– As stated, this only applies to elective, not appointive officers.

Art. 235. Maltreatment of Prisoners

Elements:
1. The offender is a public officer or employee
2. He has under his charge a prisoner or detention prisoner
3. He maltreats such prisoner in either of the following manners:
◦ By overdoing himself in the correction or handling of a prisoner or
detention prisoner under his charge either: a) by the imposition of punishment
not authorized by regulations, b) by inflicting such punishments (those
authorized) in a cruel and humiliating manner
◦ By maltreating such prisoners to extort a confession or to obtain some
information from the prisoner

– This Article can be charged along with other crimes involving physical
injuries or any damage caused
– If the public officer is not the custodian of the prisoner, and he mistreats
the latter, the crime is physical injuries
– It is immaterial if the person is a convict by final judgment or a
detention prisoner
– The maltreatment does not require physical injuries. Any kind of
unathorized or excessive punishment is enough.

Art. 236. Anticipation of Duties of a Public Office

Elements:
1. The offender is entitled to hold a public office or employment, either by
election or appointment
2. The law requires that he should first be sworn in and/or should give a
bond
3. He assumes the performance of his duties and powers of such office
4. He has not taken his oath of office and/or given the bond required by
law

Art. 237. Prolonging Performance of Duties and Powers

Elements:
1. The offender is holding a public office
2. The period provided by law, regulations or special provision for holding
such office has already expired
3. He continues to exercise the duties and powers of such office

Art. 238. Abandonment of Office or Position

Elements:
1. The offender is a public officer
2. He formally resignes from his position
3. His resignation has not yet been accepted
4. He abandons his office to the detriment of public service

Art. 239. Usurpation of Legislative Powers

Elements:
1. The offender is an executive or judicial officer
2. He commits any of the following:
◦ Makes general rules or regulations beyond the scopt of his authority
◦ Attempts to repeal a law
◦ Suspends the execution of a law

Art. 240. Usurpation of Executive Functions

Elements:
1. The offender is a judge
2. He committs any of the following:
◦ Assumes a power pertaining to the executive authorities,
◦ Obstructs the executive authorities in the lawful exercise of their
powers

Art. 241. Usurpation of Judicial Functions

Elements:
1. The offender is an officer of the executive branch of the government
2. He commits any of the following:
◦ Assumes judicial powers
◦ Obstructs the execution of any order or decision renderd by any judge
within his jurisdiction
– Arts. 239-241 punishes interference by any of the three branches of
government with the other branches to keep them within the confines of the
powers vested upon them.

Art. 244. Unlawful Appointments

Elements:
1. The offender is a public officer
2. He nominates or appoints a person to a public office
3. Such person lacks the legal qualifications to assume such office
4. The offender knows that his nominee or appointee lacks such
qualifications at the time he made the nomination or appointment

Art. 245. Abuses Against Chastity

Acts punished:
1. Soliciting or making immoral or indecent advances to a woman
interested in matters pending before the offending officer for decisions, or
with respect to which he is required to submit a report or consult with a
superior officer
2. Soliciting or making immoral or indecent advances to a woman under
the offender's custody
3. Soliciting or making immoral or indecent advances to the wife,
daughter, sister, or relative within the same degree by affinity of any person
in the custody of the offending warden or officer

– Mere proposal consummates the crime

– Proof of solicitation is not necessary when there is sexual intercourse
– Abuse of chastity is not absorbed by Rape, which means they can be
filed separately